Article 3.11 Delivery of draft final account to members (section 94)

Scotland

(1)

The liquidator must deliver a notice to the members accompanied by the draft final account required by section 94(1) M1 and rule 7.9 giving them a minimum of 8 weeks' notice of a specified date on which the liquidator intends to deliver the final account as required by section 94(2).

(2)

The notice must inform the members that when the company's affairs are fully wound up—

(a)

the liquidator will make up the final account and deliver it to the members; and

(b)

when the final account is delivered to the registrar of companies and AiB under section 94(3) M2 the liquidator will vacate office under section 171(6) M3 and be released under section 173(2)(d) M4.

(3)

However the liquidator may conclude that the company's affairs are fully wound up before the period referred to in paragraph (1) has expired if every member confirms in writing to the liquidator that they F1are content with the draft final account.

Annotations

Textual amendments

F1: Words in rule 3.11(3) substituted (23.7.2019) by The Insolvency (Scotland) Rules 2018 (Miscellaneous Amendments) Rules 2019 (S.I. 2019/1059), rules 1, 8(2)

Marginal citations

M1: A new section 94 is prospectively inserted by paragraph 18 of schedule 9 of the 2015 Act (c.26).
M2: Section 94(3) is modified by paragraph 23 of schedule 8 of the Scotland Act 1998 (c.46).
M3: A new section 171(6) is prospectively inserted by paragraph 42(4) of schedule 9 of the Small Business, Enterprise and Employment Act 2015.
M4: Section 173(2)(d) is prospectively amended by paragraph 44 of schedule 9 of the Small Business, Enterprise and Employment Act 2015.